93 Decision Citation: BVA 93-07900
Y93
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 90-06 331 ) DATE
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THE ISSUE
Entitlement to service connection for residuals of a
fracture of the left radius (wrist).
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
Richard F. Williams, Counsel
INTRODUCTION
The veteran had active service from June 1981 to June 1984.
This matter comes before the Board of Veterans' Appeals
(Board) from a March 1989 decision of the Department of
Veterans Affairs (VA), St. Louis, Missouri, Regional Office
(RO), which denied service connection for residuals of a
left wrist fracture. The notice of disagreement was
received in January 1990. The statement of the case was
issued in February 1990. The substantive appeal was
received in March 1990. The Board remanded the case to the
RO in October 1990. An RO decision in January 1991
continued the denial of the benefits sought. A supplemental
statement of the case was issued in February 1991.
The case was returned and docketed at the Board in May
1991. It was remanded again to the RO in June 1991 for the
purpose of contacting the veteran to obtain additional
information. The veteran did not respond to this request,
and the case was returned to the Board and docketed in
February 1993. The veteran is represented by The American
Legion. That organization submitted additional written
argument in March 1993.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran contends that he has disability of the left
wrist as the result of a fracture incurred during service.
He states that the left upper extremity injury that resulted
in his service-connected fracture of the left humerus also
resulted in a left wrist fracture. In the written argument
received in March 1993, the service representative of the
veteran asks the Board for another remand to search for
records.
DECISION OF THE BOARD
In accordance with the provisions of 38 U.S.C.A. § 7104
(West 1991), following review and consideration of all
evidence and material of record in the veteran's claims
file, and for the following reasons and bases, it is the
decision of the Board that the preponderance of the evidence
is against the claim for service connection for residuals of
a fracture of the left radius.
FINDINGS OF FACT
1. A fracture of the left distal radius (wrist) was not
demonstrated during service.
2. A healed fracture of the left distal radius was first
demonstrated more than three years after the veteran's
separation from service, and there is no left wrist
disability due to incidents of service.
CONCLUSION OF LAW
Residuals of a fracture of the left radius (wrist) were not
incurred in or aggravated by active service. 38 U.S.C.A.
§ 1131 (West 1991); 38 C.F.R. § 3.303 (1992).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Board finds that the veteran has presented a
well-grounded claim within the meaning of 38 U.S.C.A.
§ 5107(a). That is, he has presented a claim which is not
inherently implausible. The veteran's representative asks
that the case be again remanded to search for records. The
case has already been remanded twice. The RO has made
repeated, unsuccessful attempts to obtain additional service
medical records. The veteran, on multiple occasions, has
failed to respond to RO requests for information which might
lead to additional records. It should be remembered that
the duty to assist is not a one way street. Wood v.
Derwinski, 1 Vet.App. 190 (1991). Under the circumstances,
there is no further duty to assist the veteran in developing
the facts pertinent to his claim. 38 U.S.C.A. § 5107(a).
Service connection may be granted for a disability resulting
from disease or injury incurred in or aggravated by peacetime
service. 38 U.S.C.A. § 1131.
The only service medical record on file is a report of a
preenlistment examination performed in May 1981, which is
negative for any relevant abnormal findings. A "statement
of medical examination and duty status" shows that the
veteran was admitted to a Fort Campbell, Kentucky, hospital
in February 1983 for an oblique fracture of the distal
(left) humerus and a bilateral mandible fracture. There is
no indication in this document or in any other service
records on file of a left wrist injury, including a radial
fracture.
The only relevant post service medical evidence on file is a
report of VA medical examination performed in October 1987.
The veteran gave a history of a left radial fracture at that
time. He indicated that the injury in question was incurred
at the same time he sustained a fracture of the left humerus
in a motor vehicle accident while on active duty. Motion of
the left wrist was normal. X-ray examination did demonstrate
an old healed fracture of the distal left radius. However,
this radiographic evidence is dated more than three years
after the veteran's separation from service, and approxi-
mately 4 1/2 years after the in-service motor vehicle
accident. In the absence of any relevant clinical or other
finding recorded during or more proximate to service, the
Board is unable to conclude that the veteran's healed
fracture of the left radius was the result of trauma while
on active duty. This is particularly true given the fact
that the only record that addresses the February 1983
hospitalization necessitated by the motor vehicle accident
refers only to left humerus and bilateral mandible
fractures, for which service connection was granted by the
RO.
The preponderance of the evidence shows residuals of a left
distal radius (wrist) fracture were neither incurred in nor
aggravated by service, and service connection must be denied.
ORDER
Service connection for residuals of a fracture of the left
radius (wrist) is denied.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
STEPHEN A. JONES (MEMBER TEMPORARILY ABSENT)
L. W. TOBIN
*38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting
less than the complete benefit, or benefits, sought on
appeal is appealable to the United States Court of Veterans
Appeals within 120 days from the date of mailing of notice
of the decision, provided that a Notice of Disagreement
concerning an issue which was before the Board was filed
(CONTINUED ON NEXT PAGE)
with the agency of original jurisdiction on or after
November 18, 1988. Veterans' Judicial Review Act, Pub. L.
No. 100-687, § 402 (1988). The date which appears on the
face of this decision constitutes the date of mailing and
the copy of this decision which you have received is your
notice of the action taken on your appeal by the Board of
Veterans' Appeals.